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The Courts Government The Internet

First Lawsuits Challenging FCC's New Net Neutrality Rules Arrive 318

An anonymous reader writes: A small ISP based in Texas and an industry trade group have become the first to file lawsuits challenging the FCC's recent net neutrality rules. The trade group, USTelecom, argues that the regulations are not "legally sustainable." Alamo Broadband claims it is facing "onerous requirements" by operating under Title II of the Communications Act. Such legal challenges were expected, and are doubtless the first of many — but few expected them to arrive so soon. While some of the new rules were considered "final" once the FCC released them on March 12, others don't go into effect until they're officially published in the Federal Register, which hasn't happened yet.
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First Lawsuits Challenging FCC's New Net Neutrality Rules Arrive

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  • by riverat1 ( 1048260 ) on Monday March 23, 2015 @07:18PM (#49324307)

    The Alamo Broadband complaint reads as follows:

    Alamo seeks relief on the grounds that the Order: (1) is in excess of the Commission's authority; (2) is arbitrary, capricious, and an abuse of discretion within the meaning of the Administrative Procedure Act; (3) is contrary to constitutional right; and (4) is otherwise contrary to law.

    That's about as generic as it can get. I don't see it going anywhere.

    • Basically the rule says to not use equipment to arbitrarily slow speeds down for competitive reasons. It says do nothing. That doesn't seem to be a very onerous requirement at all.

      • by Required Snark ( 1702878 ) on Monday March 23, 2015 @08:23PM (#49324585)
        You don't understand our new post-captialist economy. In post-capitalism, entrenched special interest have a right to make money and the basic purpose of government is to enact laws that insure profit. That is the law of the land manifest in the DCMA. So, for example, Kurig [techdirt.com] is using DRM to eliminate competition on refills for their machines.

        Post-capitalism also conveniently eliminates pesky constitutional guarantees enforcing the rule of law. Contractual language can now eliminate search warrants and right of privacy when Stingray cellphone technology [wikipedia.org] is used for mass surveillance. Both government and private enterprise benefit in post-capitalism.

        Broadband providers have just as much right as any other business to run an entrenched monopolistic enterprise and make vast amounts of money. I fully expect that the current court system will correct the loopholes that threaten their guaranteed profitability, and give them the same protection under the law that other corrupt special interests enjoy in our post-capitalist system.

        Why is this so hard to understand? It's obviously the American Way.

        • Why did someone mark this as troll? If anything it's snark. Just because someone doesn't agree doesn't it a troll. For example, a troll is me saying that only frothy morons would mark that post as a troll, but of course I would not say that as it would be insulting to frothy morons.

      • Yeah, I get the notion that if comcast wants to shake down netflix ("nice packets you got there, shame if they got slowed down by all of your competitors packets") that's bad.
        But I don't fully understand how this works practically. For example, lets ignore that Netflix or Google might have its own CDN or peering capability and just think of it as a simple content source. My imagination is that they pay for bandwidth and total data cap in the same sense that I do. That is, Netflix could buy a X gigbit connec

        • by sjames ( 1099 ) on Tuesday March 24, 2015 @03:08AM (#49325673) Homepage Journal

          The problem there is Comcast double dipping. Their users have already paid for best effort bandwidth. If Comcast has their hand out to Netflix (who is not currently their customer), then necessarily Comcast hasn't given their own customers best effort (if they can't do better, what is Netflix paying for?)

          The worst abuses happen when the ISP itself provides content (for example video on demand) and takes steps to make other offers less attractive by deliberately providing them a poorer quality of service then their own VOD servers get.

          Lets say you own a turnpike. Someone opens a gas station just off the turnpike. Fine and dandy. But you see that they make good money so you build your own gas station on the next exit. But the profits could be better so suddenly the off ramp next to the other guy's station is perpetually 'closed for repairs' yet the repairs never seem to happen. But pumping gas is a lot like work, so you offer the other guy a 'deal' For 10% of his profits, you will 'expidite' the 'repairs' and make sure they aren't 'necessary' again.

          It's just one step up from organized crime offering 'insurance' to local businesses, because "you know, stuff happens, buildings burn down..."

          Network neutrality is the people saying "that's pretty bad behavior for someone who wouldn't even be in business if not for that sweet public grant of right of way. Show some gratitude and cut it out!".

    • by pspahn ( 1175617 )

      Yeah, I was waiting to get to the "onerous" part, but I didn't see it. They might have well just said:

      Alamo seeks relief on the grounds that the Order: (1) is stupid.

      But, of course it will go somewhere, because they filed it, and as it says in their petition, "venue is proper" (5th Circuit) because they are from Texas. I wonder how much money they are getting paid to essentially file this suit as a proxy.

      • by AK Marc ( 707885 )
        As for "capricious" it's not. Capricious would mean without precedent, and "on a whim", while the decision was before the FCC for 10+ years, and not taken lightly, and it just confirms the state of the Internet that existed for most of its life. That doesn't meet the definition of the word, though I've not dealt with the legal definition of capricious. If it were truly arbitrary and capricious, one would not need file a legal challenge, as one would expect it to change before such a challenge were conclu
        • Ask the Clintons, they seem to be quite excellent at spur-of-the-moment word "definitions" lol
          • by AK Marc ( 707885 )
            In Bill's case, it was the judge that defined the words poorly, and he gave the only legal answer, even if it seemed silly taken out of context.
      • Your honor, I object on the grounds that counsel is a poopy head.

    • The devil is in the details.

    • From their webpage: http://www.alamobroadband.com/... [alamobroadband.com]

      They guarantee absolutely nothing but want $50/mo for a "suggested" 2Mbps down/1 Mbps up; just the sort of ratfucks that need some competition. Read that page and be thankful you don't have to rely on them for a connection...
      • by mysidia ( 191772 )

        I tried to visit that website.... alamobroadband.com, but my endpoint security software indicates that site is unsafe and contains malware.

        Anyways.... the $50/mo minimum is just about what a small ISP would need to charge; however 2Mbps down/1 Up is hardly any better than T1 speeds.... that would be no good

      • by sjames ( 1099 )

        Even better, they claim no commit is a FEATURE!. They gently explain that it's nothing to worry about and that a committed rate is something businesses expect.

        I flip over to their business rates and find STILL NO COMMIT.

        And they have Amazon ads at the bottom of each page. Is it just me or does that lend the site that coveted unprofessional look?

    • by dywolf ( 2673597 )

      I just find it funny how they claim it is "onerous" to maintain the status quo.

  • by MouseTheLuckyDog ( 2752443 ) on Monday March 23, 2015 @08:56PM (#49324709)

    Simple, it has become a political thing. Despite my warnings ( as loud as I could make them but OK not that loud ), to keep arguing it as a nonpartisan issue. THe opponents of net neutrality have an advantage that we who support it do not. Once net neutrality is gone, it will be hard to bring back. The ISP cartel knew this and were fighting very hard for politicization to happen.

    Instead of, for example, arguing that this action swaps in one set of regulations for another, ( In fact the old set gave all the power to the ISP cartels, and they took us from #1 internet service to middle of the rtoad. ) some proponents let the ISP cartels make it a political issue. The fact is that some people would rather have Title II as a political argument instead of actually having the ISPs be controlled by Title II.

    So here is what will happen, the ISP cartel will tie up the implementation for the next two years in court. Then who becomes President? Hillary? Seems to be imploding right in front of us. John Kerry? The guy who helped bring back the cold war. and Al Queda in the form of ISIS and who couldn't win before? Joe Biden. The guy whose interactions with women is so creepy he makes BIll Clinton seem normal.

    here is an interesting fact for you , since World War II there has only been one person elected as President that came from the same party as the sitting President-- Bush (41) (following Reagan).

    So we have a Republican, who when the next seat on the FCC comes up names a Republican FCC member who replaces a Democrat. The new Chairman becomes Ajit Pai. Bye bye net neutrality.

  • Who is this company? (Score:3, Interesting)

    by l0n3s0m3phr34k ( 2613107 ) on Monday March 23, 2015 @09:10PM (#49324771)
    This sounds like a pre-made lawsuit, something the Kocks would fund. The conspiracy theorist in me says that this suit was just ready to go, probably when the FCC first started talking about net neutrality. This tiny ISP is being used because it's a "small business"...if Comcast / Cox / AT&T filed this it would be even harder to push. And it's no coincidence it's in Texas either. Someone needs to start digging around and find out who is REALLY funding this...as I doubt this ISP is using their own profits to pursue this.
  • ooohhhh my profit margins bwwaaaaaaaa I'm not going to be able to afford a new learjet sob sob sob oh those mean userrs who want internet ITS NOT FAIR bwwwaaaaaaaaa
  • Whoever heard of an asinine, progress retarding lawsuit coming out of East Texas before?

    Anyone?

  • We lose either way in this situation when you think about it. If the FCC regulates the internet it will give the government a way to control it and be abusive. On the other hand if the big ISPs have their way they will continue to abuse customers since they have monopolies in different areas across the country. The only thing that can truly fix this is competition in my opinion. It might be best to let this work itself out in the long run since for example people like Elon Musk want to build a high speed in
    • by Shados ( 741919 )

      Yup. Net neutrality is a net loss, because the customer could benefit from having not-so-neutral features (ie: let say ISPs favored streaming instead of throttling it?)

      It was just better than the alternative in light of having so little competition. With proper competition, this would have solved itself.

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